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PC - Minutes - 08-01-11Minutes of the PLANNING COMMISSION MEETING August 1, 2011 The regular meeting of the Planning Commission was called to order by Chair Eng at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Hunter INVOCATION — Commissioner Herrera ROLL CALL - Commissioners Herrera, Hunter, Saccaro, and Chair Eng ABSENT - Vice -Chair Ruiz OFFICIALS PRESENT: City Attorney Murphy, Community Development Director Wong, Assistant Planner Trinh, Planning Technician Casillas, Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - July 18, 2011 Commissioner Hunter made a motion, seconded by Commissioner Herrera, to approve the Minutes of July 18, 2011 with one correction to page eight in the second paragraph. Vote resulted in: Yes: Hunter, Herrera, Eng, Saccaro No: None Abstain: None Absent: Ruiz 4. PUBLIC HEARINGS A. MODIFICATION 11.01 - Coast Sign Inc. has submitted an application to upgrade and modify the existing signage for the Double Tree Hotel located at 888 Montebello Boulevard in the C -3D (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 11.14 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 11- 01, TO UPGRADE AND MODIFY THE EXISTING SIGNAGE FOR THE DOUBLE TREE HOTEL AT 888 MONTEBELLO BOULEVARD IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Modification 11.01 and ADOPT Resolution No. 11.14 with findings and subject to the eighteen (18) conditions. Planning Technician Casillas presented staff report. Chair Eng asked if the Planning Commissioners had any questions for staff. Chair Eng confirmed with staff that the changes of colors on the sign are because of new corporate ownership. Planning Technician Casillas replied that is correct. Chair Eng clarified with staff if this was part of the Phase 1 Expansion Project. She also asked staff what improvements will be made and for expansion details. Planning Technician Casillas replied this is a separate project and is only for the signage. She also explained to the Planning Commission what the Phase I and Phase II expansion consisted of. Chair Eng confirmed with staff that the signage will be installed before commencing Phase I construction. Planning Technician Casillas replied that is correct. Chair Eng opened the Public Hearing and asked if there was anyone wishing to speak in favor of this item. Dennis Stout, Coast Sign, representative stated the Double -Tree Hotel is going through a rebranding process through out Southern California and are being consistent with the rest of their brands. He also stated he would be glad to answer any questions the Planning Commission may have. Chair Eng asked if there were any other questions or if there was anyone wishing to speak against this item. None Chair Eng closed the Public Hearing. Chair Eng asked the Planning Commission if there were any comments or questions for staff. None Chair Eng asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Hunter, to approve APPROVE Modification 11.01 and ADOPT Resolution No. 11.14 with findings and subject to the eighteen (18) conditions. Vote resulted in: Yes: Hunter, Herrera, Eng, Saccaro No: None Abstain: None Absent: Ruiz 2 Community Development Director Wong stated the decision made tonight by the Planning Commission is final unless appealed within 10 days. B. CONDITIONAL USE PERMIT 11.06 - Chan Duong has submitted a Conditional Use Permit Application requesting approval to convert an existing 3,642 square foot office building into a five (5) unit commercial /office mini -mall building. The site is located at 3257 Del Mar Avenue in the C -3 (Medium Commercial) zone. PC RESOLUTION 11.06 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 11 -06 AND FOR THE CONVERSION OF AN OFFICE BUILDING INTO A MINI -MALL PROJECT, LOCATED AT 3257 DEL MAR AVENUE IN THE C -3 (MEDIUM COMMERCIAL) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 11.06 and ADOPT Resolution No. 11.13 with findings, subject to the thirty -two (32) conditions. Assistant Planner Trinh presented staff report. Chair Eng asked if the Planning Commissioners had any questions for staff. Commissioner Hunter asked staff why this project is being called a mini -mall. Assistant Planner Trinh explained that according to the Zoning Ordinance anytime there is a combination of retail /office, or any commercial use, and the property is less than 45,000 square feet it is considered a mini -mall. Commissioner Hunter stated that mini -malls are usually on the ground floor with other stores. She also stated this project is upstairs and downstairs. Commissioner Herrera commented like a strip mall. Commissioner Saccarro asked staff if Condition of Approval number 30 contradicts the third paragraph in the Administrative Analysis on page 3 in the staff report where it states, "no restaurants shall be prohibited ". Assistant Planner Trinh explained that restaurant or eating establishments require a parking ratio of 1 per 100 square feet and for this office /commercial building it is required to have 1 per 250 square feet. She also stated that Condition Number 30 was added to prohibit restaurants. City Attorney Murphy explained to the Planning Commission that under the City Municipal code all restaurants and eating establishments do require more parking than what is required for commercial /office use. He also explained how in the future if delivery type restaurants were allowed in the commercial /office use that the parking ration would be 1 per 250 feet. Chair Eng asked staff what is the existing use for the bottom unit. Assistant Planner Trinh replied office use. Chair Eng asked staff if the Metro PCS is an office or an existing retail use. Assistant Planner Trinh replied that Code Enforcement had gone to this site and realized that the applicant was subleasing the bottom unit for a retail use, which is Metro PCS Wireless. She also stated that is why the applicant is applying for a Conditional Use Permit so as not to sub -lease and allow retail use on that bottom floor. Chair Eng clarified that the intended use for this bottom unit will be for the retail use of Metro PCS Wireless and this action will formalize the use. Assistant Planner Trinh replied correct. Chair Eng asked staff what type of improvements will be made to the exterior of the property to upgrade it. Assistant Planner Trinh replied there is an unpermitted carport in the rear that will have to be removed, there is fencing on -site that does not meet the City's code requirements, and there is a lot of window signage that exceeds the 15 percent limit. Chair Eng asked staff if restaurants are prohibited, will that include coffee shops. Assistant Planner Trinh replied that is correct. Commissioner Hunter asked staff when referring to retail is that the selling merchandise items. Assistant Planner Trinh replied that is correct. Commissioner Hunter asked staff if retail use will be upstairs and downstairs. Assistant Planner Trinh replied the downstairs units because they meet the requirements for retail and the upstairs units only meet the requirements for office use. Commissioner Hunter stated there are no covers on the trash containers. Assistant Planner Trinh replied it is an existing building and the Planning Commission may add a Condition of Approval requiring covers on the trash containers. Community Development Director Wong stated that this would be an appropriate Condition of Approval since the applicant is seeking Conditional Use Permit approval for a new use. He stated the Condition of Approval shall state "To put a cover over the existing trash enclosure ". Chair Eng explained there is a Condition of Approval that the four units upstairs remain office use. Chair Eng asked if the Planning Commissioners had any other questions or comments for staff. None Chair Eng opened the Public Hearing. Chair Eng asked if there was anyone wishing to speak on this item. None Chair Eng asked if the applicant was present. She asked the applicant if she understands and agrees with the added Condition of Approval to add a cover the existing trash enclosure. 4 Chan Duong, representative for the owner stated she is present and agrees to the added Condition of Approval to add a cover to the existing trash enclosure. Chair Eng closed the Public Hearing and asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Hunter, to approve APPROVE Modification 11.01 and ADOPT Resolution No. 11.14 with findings and subject to the eighteen (18) conditions. Vote resulted in: Yes: Hunter, Herrera, Eng, Saccaro No: None Abstain: None Absent: Ruiz Community Development Director Wong stated the decision made tonight by the Planning Commission is final unless appealed within 10 days to the City Council. C. CONDITIONAL USE PERMIT 11.09 - Rose City Pizza has submitted a Conditional Use Permit application requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, located at 3588 Rosemead Boulevard, in the C -31) (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 11 -12 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 11 -09, FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR ROSE CITY PIZZA, LOCATED AT 3588 ROSEMEAD BOULEVARD, IN THE C -31D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 11.09 and ADOPT Resolution No. 11.12 with findings, subject to.the twenty -seven (27) conditions. Assistant Planner Trinh presented staff report. Chair Eng asked if the Planning Commission had questions for staff. Chair Eng asked staff if Rose City Pizza is a franchise or family owned. Assistant Planner Trinh replied according to the applicant it is a family owned business. Chair Eng asked staff if Rose City Pizza provides outdoor patio seating. Assistant Planner Trinh replied yes they have two small tables. Chair Eng asked if the applicant was present and stated she would like to ask the applicant if alcohol will be served outdoors. She asked staff what hour's alcohol will be served. Assistant Planner Trinh replied that the business owner is present and that question can be referred to him. She also stated that the State ABC does not have regulated hours. Chair Eng asked staff what the restaurant occupancy load is. Assistant Planner Trinh replied according to the business owner it is twenty -two (22) patrons. Commissioner Hunter stated that she agrees that outdoors would be an inappropriate area to serve alcohol. Chair Eng asked the Planning Commission if there were any other questions for staff. None Chair Eng opened the Public Hearing and invited the applicant to the podium. Brian Nittayo, business owner stated they do not have plans to allow patrons to consume alcohol outdoors. He stated they will have strict rules that will not allow it. He also stated that the seating capacity is twenty -two (22) to twenty -five (25) patrons and there are two small tables outdoors. Chair Eng asked Brian Nittayo what time the restaurant will start serving alcohol. She also asked if they will serve alcohol from the time they open to closing or have specific hours. In addition she asked what time the restaurant opens. Brian Nittayo replied the restaurant opens at 11:00 a.m. and closes at 9:00 p.m. He stated alcohol will be served during these hours. He also stated the business currently closes at 9:00 p.m. but if the Alcohol license is approved they would like to extend their hours to 10:00 p.m. Chair Eng confirmed with Brian Nittayou that there is an occupancy capacity of twenty -two and that alcohol will not be served outside. Brian Nittayo replied that is correct. Chair Eng asked Brian Nittayo if this is a family owned business and one of a kind. Brian Nittayo replied yes it is family owned and is one of a kind. Chair Eng asked Brian Nittayo if he had any questions for the Planning Commission. Brian Nittayo asked the Planning Commission if approved tonight is there is an option to get more than a twenty -two (22) to twenty -five (25) seating approval. Community Development Director Wong explained that a parking analysis would have to be completed for the shopping center, but if there is a Condition of Approval that limits occupancy load to twenty -two (22) to twenty -five (25) then the restaurant would be restricted to that unless an amendment is added. Commissioner Hunter stated that she did not notice a counter at the restaurant and asked how alcohol would be served to the customer. Brian Nittayo replied when the patron orders and pays at the cash register it would be served to the patron in a bottle or glass to their table. Commissioner Hunter stated she did not notice the cashier and asked where the cashier is located. Brian Nittayo replied the cashier is to the rear of the restaurant and that is where you place your order. Commissioner Hunter asked if the public is aware of where to order because she did not see the cashier. Brian Nittayo replied that putting signage would be a good idea and he will look into it. Chair Eng stated the Planning Commission would like to add two (2) Conditions of Approval. First, there is to be no alcohol be served outdoors and must be confined inside the restaurant. She asked Brian Nittayo if he is agreeable to this condition of approval. Brian Nittayo replied yes and that he will probably add a sign stating "no alcohol beyond these doors ". Chair Eng stated the second Condition of Approval the Planning Commission would like to add is that the selling of alcohol would start at noon. She stated that would be consistent with the other restaurants in the area. She asked Brian Nittayo if that is acceptable to him. Brian Nittayo replied yes. Chair Eng asked if there was anyone else wishing to speak on this item. None Chair Eng closed the public hearing. Chair Eng asked if the Planning Commission had any more questions for staff. She reiterated the two (2) Conditions of Approval that are going to be added: (1) no alcohol consumption will be done in the outside patio area; and, (2) the selling of alcohol will commence at noon. Commissioner Herrera made a motion, seconded by Hunter, to APPROVE Conditional Use Permit 11.09 and ADOPT Resolution No. 11.12 with findings, subject to the twenty -seven (27) conditions and the two (2) additional conditions. Vote resulted in: Yes: Hunter, Herrera, Eng, Saccaro No: None Abstain: None Absent: Ruiz Community Development Director Wong stated the decision made tonight by the Planning Commission is final unless appealed within 10 days to the City Council. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Herrera stated that on Valley Boulevard and Delta where construction is being conducted there is a lot of trash and weeds. 6. MATTERS FROM STAFF Community Development Director Wong introduced new Planning Intern, Jerome Joaquin to the Planning Commission. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, August 15, 2011, at 7:00 p.m. Nancy Eng Chair � ATTEST: : n {n Q C��X pl✓ � �id�OT Rachel Lockwood Commission Secretary